Dobson v Australian Postal Corporation

FEDERAL MAGISTRATES COURT OF AUSTRALIA

DOBSON v AUSTRALIAN POSTAL CORPORATION [2012] FMCA 1016

HUMAN RIGHTS – Disability discrimination – Disability Discrimination Act1992 (Cth) – discrimination in employment – requirement or condition – mental injury – presence of a disability – absence of material – no evidence to support contention – no inability to comply with workplace requirements – application dismissed.

PRACTICE & PROCEDURE – Judgment – summary judgment – no reasonable prospect of success – no basis for disability claim – summary judgment allowed – originating application dismissed – costs awarded.

Disability Discrimination Act1992 (Cth) s.15(2)(a), s.15(2)(b), s.15(2)(c)
Federal Magistrates Act 1999 (Cth) s.17A(2)
Federal Magistrates Court Rules2001 (Cth)

Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720
Catholic Education Office v Clarke (2004) 138 FCR 121
Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
George v Fletcher (Trustee) [2010] FCAFC 53
Walker v State of Victoria [2012] FCAFC 38
Walker v The State of Victoria (2011) 279 ALR 284

White Industries Australia Ltd v Commissioner of Taxation [2007] FCA 511

Applicant: RORY PAUL DOBSON

Respondent: AUSTRALIAN POSTAL CORPORATION

File Number: BRG 205 of 2012

Judgment of: Burnett FM

Hearing date: 3 April 2012

Date of Last Submission: 3 April 2012

Delivered at: Brisbane

Delivered on: 28 September 2012

REPRESENTATION

The Applicant appeared on his own behalf

Counsel for the Respondent: Ms S. Moody

Solicitors for the Respondent: Sparke Helmore Lawyers

ORDERS

1. The application filed on 30 May 2011 is dismissed.

2. The applicant pay the respondents cost of and incidental to these proceedings in accordance with the Federal Magistrates Court Rules 2001 on an indemnity basis commencing from 25 July 2011 onwards.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT BRISBANE

BRG 205 of 2012

RORY PAUL DOBSON

Applicant

And

AUSTRALIAN POSTAL CORPORATION

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. Immediately prior to the commencement of trial of this proceeding, the respondent made application for summary disposal of the application. 

2. I decided to proceed to hear the application for summary hearing for the following reasons:

   a)the relatively short time that had been allowed for trial, based upon the solicitor’s estimates;

   b)from the material it was apparent that even without the distraction of an application for summary dismissal the matter would not conclude within the allotted time;

   c)the fact that the applicant had since become self-represented, a matter which usually elongates proceedings; and

   d)following resolution of this application the time for hearing could be better estimated.

3. Following determination of that application I will determine the appropriate steps to progress the proceeding to its conclusion.  However, given that the matter is otherwise, in all respects, listed and ready for trial and that the applicant, to this point, has been legally represented, I have proceeded to determine the summary application with the added confidence that the applicant’s material states his case at its highest. 

4. In its application, the respondent seeks orders that the application be stayed or dismissed on the grounds that…